Car accidents are on the rise in America based on the latest figures. Some experts believe this is simply the result of an ever-growing number of cars being on the roads. Others argue that an uptick in driver distractions and people putting too much faith in driver-assist features are to blame. Of course, alcohol, speed, and recklessness are factors just as they’ve always been. Regardless of the causes of accidents, they can change victims’ lives forever.
Based on a recent report from the Georgia Department of Transportation, more than 400,000 accidents happen on the state’s roadways each year. Those crashes cause thousands of injuries and nearly 2,000 deaths annually. After an accident, people often feel helpless and confused. They’re not sure which steps to take to mitigate the aftermath and protect themselves. It’s important to fully understand what you’re entitled to and what your rights are if you’re the victim of another driver’s negligence in the state of Georgia.
The Right to Legal Guidance and Representation
First of all, accident victims in Georgia have to right to consult with an attorney if they want. You can turn to a personal injury lawyer for guidance if you need it and for legal representation if you ultimately have to pursue your case. Your attorney can take legal action against those responsible for the accident, negotiate with their insurance companies, and take other measures to ensure you receive justice and compensation. Working with an attorney is the most effective way to protect your rights after an accident. Seeking legal guidance is recommended even if you aren’t planning to take your case to court.
The Right to Medical Treatment
You also have the right to seek medical treatment for your injuries following an accident. In emergencies, hospitals generally provide necessary treatments and bill patients for them later on. Many doctor’s offices are also willing to work with patients on the costs of treatments. You can include those expenses in the claims you file with the at-fault driver’s insurance company or your own. Of course, you may need to prove that your injuries were the result of the accident and that the care you received for them was necessary.
The Right to File an Insurance Claim
Georgia accident victims likewise have the right to file claims with at-fault drivers’ insurance companies to cover their injuries and losses. By law, vehicle owners are required to carry a certain amount of insurance coverage. Specific coverage requirements vary by state, and the only state that doesn’t insist that its drivers have insurance is New Hampshire.
Georgia’s minimum coverage requirement is bodily injury and property damage liability 25/50/25. That means each victim of an accident caused by the policyholder will receive $25,000 for bodily injuries with a maximum total payout of $50,000 for multiple victims. This type of policy also covers $25,000 in property damages. Victims have the right to settlement negotiations as well. As mentioned, legal representation tends to be helpful here.
Having said that, not all vehicle owners follow the law. One recent write-up notes that 35 million people or more may be driving without the required insurance coverage at any given time. Obviously, if a driver is uninsured, there’s no coverage provider to file a claim with. As such, drivers are advised to carry uninsured and underinsured motorist coverage to further protect themselves. If you have a UM/UIM policy, you have the right to file a claim and pursue compensation through your own insurance company.
Beyond Insurance Claims
Most vehicle owners who are insured carry only the minimum coverage required to remain within the law. Unfortunately, even maximum payouts with that type of coverage may not be enough to cover the losses and medical expenses you incur due to an accident. If you have UM/UIM coverage, that could give you more compensation, but you’ll still have to pay a deductible out of your own pocket to receive that extra money.
Many people simply can’t afford to pay lofty deductibles or cover the remaining portions of their expenses on their own, especially if they’re dealing with injuries and missed time from work after an accident. On top of that, insurance companies are known to pay out as little as possible or try to deny claims altogether. If insurance payouts fall short of your accident-related expenses, you can pursue the matter even further.
You have the right to file a personal injury lawsuit against the driver who is responsible for your injuries. You can also file lawsuits against others who may have played a role in the accident. That could include the state or local government if the road wasn’t properly maintained. If the driver of a commercial vehicle caused the accident, you may be able to sue his or her employer. Those are only a couple of examples of additional parties who may be held partially responsible for accidents.
Additional Considerations
Those are among the primary rights accident victims have, but certain other factors should also be considered. For one, Georgia has a two-year statute of limitations for personal injury lawsuits. Secondly, insurance companies have statutes of limitations of their own in place. Those may vary by coverage provider. Because of those restrictions, it’s important to take action quickly after an accident.
Furthermore, Georgia has comparative negligence laws in place. That means the other driver may not be held wholly responsible for the accident and your injuries and other damages. In fact, depending on the surrounding circumstances, you could be held partially accountable. You’re allowed to pursue damages as long as you’re determined to be less than 50 percent responsible.
Pursuing Justice After a Car Accident
Car accidents happen every day. Most result in at least minor injuries. Many have far more serious repercussions. Laws have been put into place to protect accident victims and ensure their financial needs, as well as their medical and emotional needs, are met. If you’ve been in an accident that was caused by someone else’s negligence, don’t hesitate to reach out to an attorney. Having legal representation will help to ensure your rights are upheld and that you receive fair compensation for your injuries and losses.
